Private Housing (Tenancies) (Scotland) Act 2016

33 Withdrawal of referral or appeal

(1) This section applies—

(a) where a referral made under section 24(1) is withdrawn by the tenant, or

(b) where—

(i) an appeal made under section 28(1) is withdrawn by one party, and

(ii) the other party has not made an appeal in respect of the tenancy in question, or any appeal made by the other party has been withdrawn.

(2) The order maker must make an order under section 25(1) or (as the case may be) 29(1) stating that from the effective date the rent payable under the tenancy is—

(a) the rent specified in the rent-increase notice, or

(b) an amount which the parties have asked the order maker to state in the order.

(3) Where the order maker is the First-tier Tribunal, an order may not be made by virtue of subsection (2) until the earlier of—

(a) the expiry of the period within which an appeal under section 28(1) may be made, or

(b) the date on which both parties become ineligible to make an appeal (whether by withdrawing an appeal or by waiving the right to appeal).

(4) The following do not apply in relation to an order made by virtue of subsection (2)—

(a) the requirement to record in the order an amount in accordance with section 25(3) or (as the case may be) 29(3),

(b) the duty to issue a provisional order under section 26.

(5) In subsection (2), “the rent-increase notice” means the rent-increase notice which prompted the referral or (as the case may be) led to the appeal.